The Hague Convention Abolishing the Requirement for Legalisation for Foreign Public Documents

The Hague Convention Abolishing the Requirement for Legalisation for Foreign Public Documents, the Apostille convention or the Apostille treaty is an international treaty drafted by the Hague Conference on Private International Law. It specifies the modalities through which a document issued in one of the signatory countries can be certified for legal purposes in all the other signatory states. Such a certification is called an apostille (French: certification). It is an international certification comparable to a notarisation in domestic law.

 

In states parties, apostilles are affixed by Competent Authorities designated by the government.[2] A list of these authorities is maintained by the Hague Conference on Private International Law. Examples of designated authorities are embassies, ministries, courts or (local) governments. For example, in the United States, the Secretary of State of each state and his or her deputies are usually competent authorities. In the United Kingdom, all apostilles are issued by the Foreign and Commonwealth Office in London.

 

To be eligible for an apostille, a document must first be issued or certified by an officer recognised by the authority that will issue the apostille. For example, in the US state of Vermont, the Secretary of State maintains specimen signatures of all notaries public, so documents that have been notarised are eligible for apostilles.[3] Likewise, courts in the Netherlands are eligible of placing an apostille on all municipal status documents directly. In some cases, intermediate certifications may be required in the country where the document originates before it will be eligible for an apostille. For example, in New York City, the Office of Vital Records (which issues, among other things, birth certificates) is not directly recognised by the New York Secretary of State.[4] As a consequence, the signature of the City Clerk must be certified by the County Clerk of New York County to make the birth certificate eligible for an apostille.

 

The apostille does not give information regarding the quality of the document, but certifies the signature (and the capacity of who placed it) and correctness of the seal/stamp on the document which must be certified.

 

Apostille issued by Norwegian authorities

 

The apostille itself is a stamp or printed form consisting of 10 numbered standard fields. On the top is the text APOSTILLE, under which the text Convention de La Haye du 5 octobre 1961 (French: Hague Convention of 5 October 1961) is placed. In the numbered fields the following information is added:

 

1. Country ... [country name]

 

This public document

 

2. has been signed by ... [name]

 

3. acting in the capacity of ... [function]

 

4. bears the seal/stamp of ... [authority]

 

certified

 

5. at ... [location]

 

6. the ... [date]

 

7. by ... [name]

 

8. No ... [apostille registration number]

 

9. Seal/stamp ... [of the authority giving the apostille]

 

10. Signature ... [signature of authority giving the apostille]

 

 

The information can be placed on the (back of the) document itself, or attached to the document as an allonge.

 

 

Four types of documents are mentioned in the convention:[1]

 

* court documents

 

* administrative documents (e.g. civil status documents)

 

* notarial acts

 

* official certificates which are placed on documents signed by persons in their private capacity, such as official certificates recording the registration of a document or the fact that it was in existence on a certain date and official and notarial authentications of signatures.

 

 

Procedure for non-states parties (Legalization)

 

Main article: legalization (international law)

 

 

States that have not signed the Convention must specify how foreign legal documents can be certified for its use. Two countries may have a special convention on the recognition of each other's public documents, but in practice this is infrequent. When such a convention is lacking, as is normally the case, the document must be certified by the foreign ministry of the country where the document originated and then by the foreign ministry of the government where the document will be used; one of the certifications will often be performed at an embassy or consulate. In practice this means the document must be certified twice before it can have legal effect in the receiving country. For example, as a non-signatory, Canadian documents for use abroad must be certified by the Deputy Minister of Foreign Affairs in Ottawa or by a consular official abroad and subsequently by the relevant government office or consulate of the receiving state.

 

Written by Louwrens Koen Saturday, 18 February 2017 Posted in Apostille FAQ
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